DocRAID Terms of Service

Welcome to DocRAID. Please read these terms of service (these "Terms")
carefully as they form a contract between you and DocRAID ("DocRAID", "we",
"us", or "our") that governs your access and use of: (i) software
provided or made available by DocRAID (the "Software"); (ii) the DocRAID
websites or applications;(iii) the hosted storage solution provided by
DocRAID for online storage, sharing and processing of files, materials,
data, text, audio, video, images or other content (collectively, "Content");
(iv) any written or electronic use or features guides or other
documentation provided or made available by DocRAID (the "User Guides")
(collectively the "Service(s)").

By registering or using any of the
Services you agree to be bound by these Terms. If you are using the Services
on behalf of an organization, you are agreeing to these Terms for that
organization and promising to DocRAID that you have the authority to bind
that organization to these Terms (in which event, "you" and "your" will
refer to that organization) unless that organization has a separate paid
contract in effect with us, in which event the terms of that contract will
govern your use of the Service. You may use the Services only in compliance
with these Terms and only if you have the power to form a contract with
DocRAID and are not barred under any applicable laws from doing so. IF YOU
DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE THE SERVICES.
Should you have any questions concerning this Agreement, please contact
legal@DocRAID.com.

DocRAID provides data privacy protection software
and services. As such DocRAID uses encryption and fragmentation technology
to protect any content that is stored with DocRAID software and/or DocRAID
services. YOU FULLY UNDERSTAND THAT IF YOU LOOSE/FORGET YOUR
PASSWORD(S) TO ACCESS THE DocRAID SOFTWARE AND/OR SERVICES; YOU WILL NOT BE
ABLE TO RECLAIM THE CONTENT STORED WITH DocRAID. IF YOU DO NOT AGREE TO BE
BOUND BY THESE TERMS, YOU MUST NOT USE THE SERVICES.

Please
note that DocRAID doesn't provide warranties for the Services. This contract
also limits our liability to you. See Sections 14 and 16 for details.

1. CHANGES TO THESE TERMS

We reserve the right to revise these Terms from time to time. We will date
and post the most current version of these Terms on the DocRAID website. Any
changes will be effective upon posting the revised version of these Terms on
the Service (or such later effective date as may be indicated at the top of
the revised Terms). If in our sole discretion we deem a revision to these
Terms to be material, we will notify you via the Service and/or by email to
the email address associated with your account. Notice of other changes may
be provided via www. DocRAID.com (the "Site") or related DocRAID blogs.
Therefore, we encourage you to check the date of these Terms whenever you
visit the Site to see if these Terms have been updated. Your continued
access or use of any portion of the Service constitutes your acceptance of
such changes. If you don't agree to any of the changes, we're not obligated
to keep providing the Service, and you must cancel and stop using the
Service.

2. ACCESS TO THE SERVICE

You may use the Service, on a non-exclusive basis, solely in strict
compliance with these Terms and all applicable laws.

3. YOUR ACCOUNT

To obtain access to certain Services, you may be required to obtain an
account with DocRAID (become a "Registered User"), by completing a
registration form and designating a user ID and password. Until you apply
for and are approved for a DocRAID Business or a DocRAID Enterprise account,
your access to the Service will be limited to the areas of the Service, if
any, that DocRAID makes available to the general public. When registering
with DocRAID you must: (a) provide true, accurate, current and complete
information about yourself as requested by the Service's registration form
(such information being the "Registration Data") and (b) maintain and
promptly update the Registration Data to keep it true, accurate, current and
complete. DocRAID may withdraw such approval at any time in its sole
discretion, with or without cause.

Only you may use your DocRAID
account. You must keep your account and passwords confidential and not
authorize any third party to access or use the Service on your behalf,
unless we provide an approved mechanism for such use. You must contact us
right away if you suspect misuse of your account or any security breach in
the Service. You are responsible for all activities that take place with
your account. DocRAID will not be liable for any loss or damage arising from
any unauthorized use of your accounts.

If a third party such as an
employer, or university gave you your account, that party has rights to your
account and may: manage your account, reset your password, or suspend or
cancel your account; view your account's usage and profile data, including
how and when your account is used; and read or store Content in your
account. If you are an individual Registered User of the Service, and the
domain of the primary email address associated with your account is owned by
an organization and was assigned to you as an employee, contractor or member
of such organization, and that organization wishes to establishes a
commercial relationship with us and add your account to such relationship,
then, if you do not change the email address associated with your account,
your account may become subject to the commercial relationship between
DocRAID and such organization and controlled by such organization.

4. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.

By registering with DocRAID, you understand that we may send you
communications or data regarding the Services, including but not limited to
(a) notices about your use of the Services, including any notices
concerning violations of use, (b) updates

5. CONTENT

Except for material that we license to you, we don't claim ownership of any
Content that is transmitted, stored, or processed in your account(s). We
also don't control, verify, or endorse the Content that you and others make
available on the Service.We provide functions that allow you to control
who may access your Content. If you enable the features that allow you to
share the Content with others, anyone you've shared content with (including
the general public, in certain circumstances) may have access to your
Content.You hereby grant DocRAID and its contractors the right, to use,
modify, adapt, reproduce, distribute, display and disclose Content posted on
the Service solely to the extent necessary to provide the Service or as
otherwise permitted by these Terms.You represent and warrant that:
(a) you have all the rights in the Content necessary for you to use the
Service and to grant the rights in this Section; and, (b) the storage,
use or transmission of the Content doesn't violate any law or these Terms.

You will: (a) be solely responsible for the nature, quality and
accuracy of the Content; (b) ensure that the Content (including the
storage or transmission thereof) complies with these Terms and any and all
applicable laws, and regulations; (c) promptly handle and resolve any
notices and claims relating to the Content, including any notices sent to
you by any person claiming that any Content violates any person's rights;
and (d) maintain appropriate security, protection and backup copies of
the Content, which may include, your use of additional encryption technology
to protect the Content from unauthorized access. DocRAID will have no
liability of any kind as a result of the deletion of, correction of,
destruction of, damage to, loss of or failure to store or encrypt any
Content.You must immediately notify DocRAID in writing of any
unauthorized use of any (a) Content (b) any Account or (c) the
Service that comes to your attention. In the event of any such
unauthorized use by any third party that obtained access through you, you
will take all steps necessary to terminate such unauthorized use. You will
provide DocRAID with such cooperation and assistance related to any such
unauthorized use as DocRAID may reasonably request.

6. CONTENT STORED IN GERMANY

The Service is provided from Germany. By using and accessing the Service,
you understand and consent to the storage and processing of the Content and
any other personal information in Germany.

7. SUSPENSION AND TERMINATION OF CUSTOMER'S USE OF THE SERVICE

We reserve the right, to temporarily suspend or terminate your access to the
Storage Service at any time in our sole discretion, with or without cause,
and with or without notice, without incurring liability of any kind. For
example, we may suspend or terminate your access to or use of the Service
for: (a) the actual or suspected violation of these Terms; (b) the
use of the Services in a manner that may cause DocRAID to have legal
liability or disrupt others' use of the Services; (c) the suspicion or
detection of any malicious code, virus or other harmful code by you or in
your account; (d) scheduled downtime and recurring downtime; (e) use of
excessive storage capacity or bandwidth; or (f) unplanned technical
problems and outages. Upon termination by DocRAID you may request access
to your Content. You must make such request with thirty (30) days following
termination. Otherwise, any Content you have stored with the Service may not
be retrievable, and we will have no obligation to maintain any data stored
in your account.In addition to other termination provisions, if your
account it not currently subject to a paid subscription plan with us, we at
our discretion may terminate your account if: (a) you do not engage in
any activity in your account within thirty (30) days after becoming a
Registered User, or (b) you do not engage in any activity in your
account for any period of one-hundred and twenty (120) consecutive days. In
the event of such termination, any Content you may have stored will be lost.

8. ACCEPTABLE USE

You must not use the Service to harm others or the Service. For example, you
must not use the Service to harm, threaten, or harass another person,
organization, or DocRAID and/or to build a similar service or website. You
must not: damage, disable, overburden, or impair the Service (or any network
connected to the Service); resell or redistribute the Service or any part of
it; use any unauthorized means to modify, reroute, or gain access to the
Service or attempt to carry out these activities; or use any automated
process or Service (such as a bot, a spider, or periodic caching of
information stored by DocRAID) to access or use the Service. In addition,
you promise that you will not and will not encourage or assist any third
party to:(a) modify, alter, tamper with, repair or otherwise create
derivative works of any Software;(b) reverse engineer, disassemble or
decompile the software used to provide or access the Service, including the
Software, or attempt to discover or recreate the source code used to provide
or access the Service, except and only to the extent that the applicable law
expressly permits doing so;(c) use the Service in any manner or for any
purpose other than as expressly permitted by these Terms, the Privacy
Policy, any User Guides or any other policy, instruction or terms applicable
to the Service that are available on the Service ("Policies");(d) sell,
lend, rent, resell, lease, sublicense or otherwise transfer any of the
rights granted to you with respect to the Services to any third party;
(e) remove, obscure or alter any proprietary rights notice pertaining to the
Service;(f) access or use the Service in a way intended to improperly
avoid incurring fees or exceeding usage limits or quotas;(g) use the
Service in connection with the operation of nuclear facilities, aircraft
navigation, communication systems, medical devices, air traffic control
devices, real time control systems or other situations in which the failure
of the Service could lead to death, personal injury, or physical property or
environmental damage;(h) use the Service to engage in any unlawful or
fraudulent activity or perpetrate a hoax or engage in phishing schemes or
forgery or other similar falsification or manipulation of data(i)
interfere with or disrupt servers or networks used by DocRAID to provide the
Service or used by other users' to access the Service, or violate any third
party regulations, policies or procedures of such servers or networks or
harass or interfere with another user's full use and enjoyment of any
Software or the Service;(j) access or attempt to access DocRAID 's other
accounts, computer systems or networks not covered by these Terms, through
password mining or any other means;(k) cause, in DocRAID 's sole
discretion, inordinate burden on the Service or DocRAID's system resources
or capacity; or(l) share passwords or other access information or
devices or otherwise authorize any third party to access or use the Software
or the Service.

9. UPDATES TO THE SERVICE

DocRAID reserves the right, in its sole discretion, to make necessary
unscheduled deployments of changes, updates or enhancements to the Service
at any time. We may add or remove functionalities or features, and we may
suspend or stop features.

10. SOFTWARE

If you receive Software from us, its use is governed in one of two ways: If
you're presented with license terms that you must accept in order to use the
Software, those terms apply; if no license is presented to you, these Terms
apply. We reserve all other rights to the Software.We may automatically
check your version of the Software. We may also automatically download to
your computer or device new versions of the Software.Any Software is
licensed, not sold. Unless we notify you otherwise, the Software license
ends when your Service ends. You must then promptly uninstall the Software,
or we may disable it. You must not work around any technical limitations in
the Software.

11. THIRD PARTY SERVICES AND CONTENT

All transactions using DocRAID's services are between the transacting
parties only. The Services may contain features and functionalities linking
you or providing you with certain functionality and access to third party
content, including Web sites, directories, servers, networks, systems,
information and databases, applications, software, programs, products or
services, and the Internet as a whole; you acknowledge that we are not
responsible for such content or services. We may also provide some content
to you as part of the Services. However, DocRAID is not an agent of any
transacting party, nor or we a direct party in any such transaction. Any
such activities, and any terms associated with such activities, are solely
between you and the applicable third-party. Similarly, we are not
responsible for any third party content you access with the Services, and
you irrevocably waive any claim against us with respect to such sites and
third-party content. DocRAID shall have no liability, obligation or
responsibility for any such correspondence, purchase or promotion between
you and any such third-party. You should make whatever investigation you
feel necessary or appropriate before proceeding with any online or offline
transaction with any of these third parties. You are solely responsible for
your dealings with any third party related to the Services, including the
delivery of and payment for goods and services. Should you have any problems
resulting from your use of any third party services, or should you suffer
data loss or other losses as a result of problems with any of your other
service providers or any third-party services, we will not be responsible
unless the problem was the direct result of our breaches.

12. DocRAID PROPRIETARY RIGHTS

As between DocRAID and you, DocRAID or its licensors own and reserve all
right, title and interest in and to the Service and all hardware, software
and other items used to provide the Service, other than the rights
explicitly granted to you to use the Service in accordance with this Terms.
No title to or ownership of any proprietary rights related to the Service is
transferred to you pursuant to these Terms. All rights not explicitly
granted to you are reserved by DocRAID. In the event that you provide
comments, suggestions and recommendations to DocRAID with respect to the
Service (including, without limitation, with respect to modifications,
enhancements, improvements and other changes to the Service) (collectively,
"Feedback"), You hereby grant to DocRAID a world-wide, royalty free,
irrevocable, perpetual license to use and otherwise incorporate any Feedback
in connection with the Service.

13. PRIVACY

In order to operate and provide the Service, we collect certain information
about you. As part of the Service, we may also automatically upload
information about your computer or device, your use of the Service, and
Service performance. We use and protect that information as described in the
privacy policy located at www.DocRAID.com ("Privacy Policy"). We retain
the right to block or otherwise prevent delivery of any type of file, email
or other communication to or from the Service as part of our efforts to
protect the Service, protect our customers, or stop you from breaching these
Terms. The technology or other means we use may hinder or break your use of
the Service.

14. NO WARRANTY

DocRAID PROVIDES THE SERVICE "AS IS", "WITH ALL FAULTS" AND "AS
AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DocRAID MAKES
NO (AND SPECIFICALLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY
KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE
OR FREE OF HARMFUL COMPONENTS, THAT THE CONTENT WILL BE SECURE OR NOT
OTHERWISE LOST OR DAMAGED, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT,
AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING
OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS.
IN SUCH AN EVENT SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT
PROHIBITED BY APPLICABLE LAW.

15. INDEMNIFICATION

To the extent permitted by law, You will defend DocRAID against any cost,
loss, damage, or other liability arising from any third party demand or
claim that any Content provided by you, or your use of the Service, in
breach of these Terms: (a) infringes a registered patent, registered
trademark, or copyright of a third party, or misappropriates a trade secret
(to the extent that such misappropriation is not the result of DocRAID's
actions); or, (b) violates applicable law or these Terms. DocRAID will
reasonably notify you of any such claim or demand that is subject to your
indemnification obligation.16. LIMITATION OF LIABILITYTO THE FULLEST
EXTENT PERMITTED BY LAW, IN NO EVENT WILL DocRAID, ITS AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A): ANY
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL,
USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING,
WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN
IF DocRAID HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF
DocRAID AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR
LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO THE GREATER OF AN
AMOUNT EQUAL THREE MONTHS OF YOUR SERVICE FEE FOR THE SERVICE. THE
LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY
COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR
OTHER DAMAGES. IN SUCH AN EVENT THIS LIMITATION WILL NOT APPLY TO YOU TO THE
EXTENT PROHIBITED BY LAW.

17. CONTRACTING PARTY; GOVERNING LAW; LOCATION FOR RESOLVING DISPUTES

DocRAID is a Service of AvailabilityPlus. You are contracting with AvailabilityPlus
with an address at Wilhelm-Kabus-Str. 21-35, 10829 Berlin, Germany. The
laws of Germany govern the interpretation of these Terms and apply to claims
for breach of these Terms, regardless of conflict of laws principles.
For any disputes involving these Terms and Conditions, the place of
jurisdiction shall be Berlin, (Federal Republic of Germany).

18. NOTICES

We may send you, in electronic form, information about the Service,
additional information, and information the law requires us to provide. We
may provide required information to you by email at the address you
specified when you signed up for the Service or by access to a website that
we identify. Notices emailed to you will be deemed given and received when
the email is sent. If you don't consent to receive notices electronically,
you must stop using the Service.

19. PAYMENTS AND REFUNDS

The fees applicable for the Service ("Fees") are available on the Site
and/or in DocRAID's then-current published price list. The price stated for
the Service excludes all taxes and charges, unless stated otherwise. You're
responsible for any taxes and for all other charges (for example, data
charges and currency exchange settlements). You will pay the Fees in the
currency DocRAID quoted for your account. DocRAID reserves the right to
change the quoted currency at any time.In addition to any Fees, you may
still incur charges incidental to using the Service, for example, charges
for Internet access, data roaming, and other data transmission charges.
You must be authorized to use the payment method that you enter when you
create a billing account. You authorize us to charge you for the Service
using your payment method and for any paid feature of the Service that you
choose to sign up for or use while these Terms are in force. We may bill:
(a) in advance; (b) at the time of purchase; (c) shortly after
purchase; or (d) on a recurring basis for subscription Services.
Also, we may charge you up to the amount you've approved, and we'll notify
you in advance of the difference for recurring subscription Services. We may
bill you simultaneously for more than one of your prior billing periods.
Once we have informed you that the Service will be provided indefinitely or
automatically renewed, we may automatically renew your Service and charge
you for any renewal term.You must keep all information in your billing
account current. You may change your payment method at any time. If you tell
us to stop using your payment method and we no longer receive payment from
you for the paid Service, we may cancel that Service. Your notice to us will
not affect charges we submit to your billing account before we reasonably
could act on your request.We'll notify you in advance, either through
the Service or to the email address you have most recently provided to us,
if we change the price of the Service. If there's a specific length and
price for your Service offer, that price will remain in force for that time.
After the offer period ends, your use of the Service will be charged at the
new price. If your Service is on a period basis (for example, monthly) with
no specific length, we'll notify you of any price change at least 30 days in
advance. If you don't agree to these changes, you must cancel and stop using
the Service. If you cancel, your Service ends at the end of your current
Service period or, if we bill your account on a period basis, at the end of
the period in which you canceled. If you fail to cancel as required, we will
automatically renew the Service for the same term and will charge your
payment information on file with us commencing on the first day of the
renewal term.

Payments for: (a) all single-seat accounts, and
(b) Business or Enterprise accounts registered to pay via credit card, are
due the date the invoice is posted on your account Notwithstanding the
foregoing, the last day of the 30-day trial signifies the due date of the
first payment. If payment is not received by DocRAID on the due date, user's
account will be frozen, until all outstanding payments have been processed
by DocRAID. Users retain the responsibility for settling all outstanding
balances in a timely manner and maintaining updated billing information. If
not complied with, at the end of 90 days, user's account will be deactivated
and all files will no longer be retrievable.Unless we notify you
otherwise, if you're participating in any trial period offer, you must
cancel the Service by the end of the trial period to avoid incurring new
charges. If you do not cancel your Service and we have told you the Service
will convert to a paid subscription at the end of the trial period, you
authorize us to charge your payment method for the Service.Except as
specifically set forth in this section, all Services are prepaid for the
period selected (monthly, yearly or otherwise) and are non-refundable. This
includes accounts that are renewed.If you are currently on our free
trial, you may cancel or downgrade your account, free of charge, at any time
until the end of your trial.Except as prohibited by law, we may assess a
late charge if you do not pay on time. You must pay these late charges when
we bill you for them. We may use a third party to collect past due amounts.
You must pay for all reasonable costs we incur to collect any past due
amounts, including reasonable attorneys' fees and other legal fees and
costs. We may suspend or cancel your Service if you fail to pay in full on
time.

20. MISCELLANEOUS

20.1. Severability; Entire AgreementThese Terms apply to the maximum
extent permitted by relevant law. If a court holds that we cannot enforce a
part of these Terms as written, you and we will replace those terms with
similar terms to the extent enforceable under the relevant law, but the rest
of this Terms will remain in effect. This is the entire contract between you
and us regarding the Service. It supersedes any prior contract or oral or
written statements regarding your use of the Service.20.2. Assignment
and transferWe may assign, transfer, or otherwise dispose our rights and
obligations under this contract, in whole or in part, at any time without
notice. You may not assign this contract or transfer any rights to use the
Service.20.3. Independent Contractors; No third-party beneficiaries
DocRAID and you are not legal partners or agents; instead, our relationship
is that of independent contractors. This contract is solely for your and our
benefit. It is not for the benefit of any other person, except for permitted
successors.20.4. ClaimsClaims must be filed within one year. You
must bring any claim related to these Terms or the Service within one year
of the date you could first bring the claim, unless your local law requires
a longer time to file claims. If it isn't filed in time, the claim is
permanently barred.20.5. WaiverThe failure of either party to insist
upon or enforce strict performance of any of the provisions of these Terms
or to exercise any rights or remedies under these Terms will not be
construed as a waiver or relinquishment to any extent of such party's right
to assert or rely upon any such provision, right or remedy in that or any
other instance; rather, the same will remain in full force and effect.

DocRAID and the DocRAID logo are including without
limitation, either trademarks, service marks or registered trademarks of
DocRAID GmbH, and may not be copied, imitated, or used, in whole or in part,
without DocRAID's prior written permission or that of our suppliers or
licensors. Other product and company names may be trade or service marks of
their respective owners.

DocRAID may have patents, patent
applications, trademarks, copyrights, or other intellectual property rights
covering subject matter that is part of the Service. Unless we have granted
you licenses to our intellectual property in these Terms, our providing you
with the Service does not give you any license to our intellectual property.
Any rights not expressly granted herein are reserved.